CLASS NO. 14

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CLASS NO. 14

• Exclusionary Rule

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What should happen if there is a violation of
constl rights?

• Sue police for violation
• Disciplinary action against police
• Do nothing?
• Exclusionary rule

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Exclusionary Rule

• Judicially-created remedy
• Weeks (1914) Applied to Fed. Courts
• Wolf (1949) Rejected for States
• Mapp (1961) Applied to States

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Rationale for Exclusionary Rule

• Deter improper police behavior
• Balancing of interests
• Deter police vs. Cost of excluding evidence
• Suspect goes free because of constables blunder

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Application of Exclusionary Rule

• Court decides when it is applied
• Not automatic remedy for all constl violations
• Applies to 4th A. violations
• Court can make exceptions
• Doesnt apply to all rule violations
• States can have own exclusionary rules

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Suppression Hearings

• File motion with affidavits
• Hearing to decide credibility
• Court can decide some issues on paper
• Franks v. Delaware
• Deliberate falsehoods or reckless disregard for
  truth
• Material misrepresentation

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Standing

• No automatic standing
• Constl violations are based on violations of
  personal expectations of privacy
• Must have legitimate expectation of privacy in
  area searched or non-contraband item seized

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Standing Rules

• No standing just because evidence will be used
  against you
• No standing b/c target of investigation
• Reasonable expectation of privacy

• Overnight visitors Yes
• Casual visitors (even if legitimately on
  premises) No
• Standing for rental properties
• Disassociating from property

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Standing in Car Search Cases

• Owner of car Yes
• Driver of car - ??
• Passenger Only of personal items that are not
  contraband

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Fruit of the Poisonous Tree

• Dont suppress people (Kerr-Frisbie)
• Suppressing derivative evidence

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Wong Sun Doctrine

• Violation of Toys rights oral statement
• Suppress
• Drugs from Yee
• Cannot use against Toy
• Wong Suns confession
• Can be used

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Tainted Statements

• E.g., Illegal arrest ? take to station and
  get confession Brown v. Ill.
• Confession is fruit of poisonous tree unless
  taint dissipated
• Time gap
• Not serious violation
• Ds consent

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More Exceptions to Exclusionary Rule

• Independent Source
• Inevitable Discovery
• Impeachment
• Good Faith Exception